Constitutional Law,
Health Care & Hospital Law,
Civil Litigation,
Tax
Dec. 18, 2018
ACA ruling won’t hold up
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The decision on Friday by a federal district court judge to strike down the entire Patient Protection and Affordable Care Act is very unlikely to be upheld on appeal. But the ruling by conservative Judge Reed O'Connor, in the U.S. District Court for the Northern District of Texas, puts health benefits for over 20 million people in jeopardy. At this point, Judge O'Connor has not issued an injunction against the continued operation of the Affordable Care Act and hopeful...
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